WSR 04-13-024

EMERGENCY RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 04-131 -- Filed June 7, 2004, 3:16 p.m. , effective June 9, 2004, 12:01 p.m. ]


Purpose: Amend commercial fishing rules.

Citation of Existing Rules Affected by this Order: Repealing WAC 220-52-04600L, 220-52-04000A and 220-52-04600N; and amending WAC 220-22-400, 220-52-040, and 220-52-046.

Statutory Authority for Adoption: RCW 77.12.047.

Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.

Reasons for this Finding: The limited commercial fishery in these marine fish-shellfish management and catch reporting areas are to take advantage of harvest opportunity and to maintain commercial harvest allocation plans. There is insufficient time to promulgate permanent rules.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 3, Amended 0, Repealed 3.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.

Date Adopted: June 4, 2004.

June 7, 2004

Evan Jacoby

for Jeff Koenings

Director


NEW SECTION
WAC 220-22-40000F   Marine fish-shellfish management and catch reporting areas, Puget Sound   Notwithstanding the provisions of WAC 220-22-400, effective 12:01 p.m. June 9, 2004 until further notice Marine Fish-Shellfish Management and Catch Reporting Area 26A shall be defined by the following boundaries:

(1) Area 26A-W is defined as waters of Area 26A except those contiguous waters north and east of a line which extends from Possession Point to the shipwreck located 0.8 nautical miles north of Picnic Point.

(2) Area 26A-E is defined as contiguous waters of 26A north and east of a line from Possession Point to the shipwreck located 0.8 nautical miles north of Picnic Point.

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NEW SECTION
WAC 220-52-04000A   Commercial crab fishery -- Exceptions to permanent rules for pot limits.   Notwithstanding the provisions of WAC 220-52-040, effective 12:01 p.m. June 9, 2004 through 12:00 p.m. June 10, 2004 it is unlawful for any person to fish for crabs for commercial purposes with more than 25 pots per license, per buoy tag number in all waters of Marine Fish-Shellfish Management and Catch Reporting Areas 24B, that portion of 24C south of a line that extends from the flashing red light located 1 nm north of Lowell Point on Camano Island, to East Point on Whidbey Island, and 26A-E.

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NEW SECTION
WAC 220-52-04600N   Crab fishery -- Seasons and areas.   Notwithstanding the provisions of WAC 220-52-046:

(1) Effective 12:01 p.m. June 9 through 12:00 p.m. June 10, 2004, it is lawful to fish for Dungeness Crab for commercial purposes from in Marine Fish Shellfish Catch Areas 24B, that portion of 24C south of a line that extends from the flashing red light located 1 nm north of Lowell Point on Camano Island, to East Point on Whidbey Island, and 26A-E.

(2) All other provisions of WAC 220-52-046 remain in effect.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.
REPEALER

     The following section of the Washington Administrative Code is repealed:
WAC 220-52-04600L Crab fishery -- Seasons and areas. (04-49)


The following sections of the Washington Administrative Code are repealed effective 12:01 p.m. June 10, 2004:


WAC 220-52-04000A Commercial crab fishery -- Exceptions to permanent rules for pot limits.
WAC 220-52-04600N Crab fishery -- Seasons and areas.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office